Help!!!

Gary Compton

I miss you, wor kid.
Joined
Jul 8, 2007
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I need a certain image and I cant find one I can buy.

I can buy a scale model of the thing, then I could photograph it, then photoshop the colours etc

Am I infringing the makers copywrite?
 
It depends, Gary, on what it's a scale model of. With commercial objects you can run into trademarks and patents -- as well as copyright, if it's a work of art. But if you change a work of art enough, then it becomes an original work of art. I just don't know how much (and how) you have to change it.
 
No, trademarks and patents won't figure into it. If it's a work of art, then you're infringing. If it's a commercial product, then you're in a grey area of the law.

BTW, what is it?
 
Pro tip: You can't protect ideas, only the execution of the idea.

Pro tip: Titles cannot be copyrighted.
 
You need a release to use a photo of a trademarked item in a commercial product. Using it on a personal blog is considered fair use in many parts of the world. Editorial use is another issue.

Photoshopping it to remove a distinctive logo could get you into trouble.
 
It's okay guys. I have sorted the problem. I didn't want to reveal whose cover I was working on, hence the cloak and dagger stuff.

Found a suitable image.
 
You need a release to use a photo of a trademarked item in a commercial product. Using it on a personal blog is considered fair use in many parts of the world. Editorial use is another issue.

Photoshopping it to remove a distinctive logo could get you into trouble.

Sorry, no. Trademarks laws are completely different from copyright laws. For one thing, there is no such concept of "fair use" in trademarks.
 
Sorry, no. Trademarks laws are completely different from copyright laws. For one thing, there is no such concept of "fair use" in trademarks.

You are correct in that there is no legal exception on trademarks as there is for copyrights. However I was referring to the fact that many companies will allow bloggers to use images of their trademarked items on personal websites provided they are not making commercial use of it. Hence my reference to 'considered'. Gary was looking for advice on commercial use.

I am not a lawyer and this should not be taken as legal advice ;)

Unlike copyright. Trademarks are registered per category. It is possibly for two companies to make use of the same trademark provided they are in different categories. This is why trademark registration can get expensive.

For instance - If a publishing company was to register a trademark, it should probably apply for three categories (at least in the UK) class 9 - download (ebooks), class 16 - printed material, class 41 - internet (ebook) non download.

I am not a trademark lawyer and this should not be taken as trademark advice ;)
 
Nobody can stop you from using a picture of trademarked item, with its trademark, in a blog, newspaper, or book. What it means is you cannot sell a similar item to a trademarked item with the trademark. Unless, of course, you are reselling the item.
 
Gary has indicated he’s already solved his issue, but to help clarify my position on the subject.

Nobody can stop you from using a picture of trademarked item, with its trademark, in a blog, newspaper, or book. What it means is you cannot sell a similar item to a trademarked item with the trademark. Unless, of course, you are reselling the item.

I disagree – The following is just my interpretation and not legal advice.

I am only applying these points to commercial-use. Not personal or editorial use. A book cover is considered commercial-use as you are selling a product (the book).

You could have an issue if the following could be proved true.

  • If the image of the trademark would allow a reasonable person to assume an affiliation, association or endorsement by the trademark owner.

  • If the trademark owner could argue a reasonable person would have not otherwise bought your product without the image of their trademark on your product – For instance, you using the ‘good-will’ of their trademarked item to sell your product.

If you ‘photoshop’ the image to remove distinguishing features such as the trademark owner’s logo, but a reasonable person would still make the connection to the original trademarked item. The first two points could still apply.
 

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